AS

Abhishek Singh· 2023

Question Q12GS2GS2

How has the Anti-defection Law impacted the relationship b/w political party & individual rights in India? In the light of recent examples also discuss the unintended consequences it has on functioning of democracy in India.

Open scan (p.29)

Main Body

How has the Anti-defection Law impacted the relationship b/w political party & individual rights in India? In the light of recent examples also discuss the unintended consequences it has on functioning of democracy in India. 52nd CAA included 10th Schedule which provided for anti-defecting law. Impact Feature of ADL in House: (1) Political parties PPIf a member voluntarily resigns from PP or members vote against director in the ADL in PP House. (2) Independent I membersIf they join any political party after elected to house. (3) Nominated membersIf they join any political party after 6 months of getting nominated to house. Unintended Consequence: (1) Resign & Reelected: In many States members resign from one party leading to toppling of government. These members get reelected in by-elections & enter house from opposition parties ticket, for eg., Madhya Pradesh. (2) Merger: ADL allows for merger of 4 legislative party (2/3 member) to evade defection for eg., in Goa, 10 out of 15 MLAs merged with ruling party & availed defection. (3) Speaker: not deviding the plea on time for eg., Manipur MLAs.

gets disqualified to become minister or hold any remuneration post. (19 CAA) Unintended Consequence: (1) Resign & Reelected: In many States members resign from one party leading to toppling of government. These members get reelected in by-elections & enter house from opposition parties ticket, for eg., Madhya Pradesh. (2) Merger: ADL allows for merger of 4 legislative party (2/3 member) to evade defection for eg., in Goa, 10 out of 15 MLAs merged with ruling party & availed defection. (3) Speaker: not deviding the plea on time for eg., Manipur MLAs. (4) Governary: Not deviding majority on the floor of the house, cg., Maharashtra. (5) Judiciary: Not punishing MLA of Karnataka assembly dispute clear cut violation.

gets disqualified to become minister or hold any remuneration post. Reforms: (1) Kirshop Wilton Law: Speakers devising is subject to judicial review. (2) Keisham NG neglected Case: Speaker should devide matter in 3 months. (3) Dinesh Goswamy case: Direction of whip should be binding on members only when stability of government is in question. cg., No cg., Manipur issue. (4) An independent tribunal to devide disqualify. (5) Amend ADL to fill loopholes. ADL's original purposes have been lost & it should be subsumed on clean footing basis to uphold democracy is true aim.

395 words1 paragraphs

Conclusion

ADL's original purposes have been lost & it should be subsumed on clean footing basis to uphold democracy is true aim.

21 words

Topper

Abhishek Singh

2023Polity

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Anti-defection Law

Writing Stats

416

Total words

1

Paragraphs